JAMS Comprehensive Rules provide for the appointment of an Emergency Arbitrator to address and decide a request for emergency relief.
(See Comprehensive Rule 2(c).) If the parties to the Agreement do not wish to have this procedure available, they must opt out in their arbitration agreement or by written agreement later.
Unfortunately, in every business relationship there is the potential for conflict over contractual agreements or business operations.
Unless drafted with care, however, such clauses can also have negative side effects since they can be a vehicle for delay and can result in required but empty negotiations where one or all parties have no intention of moving toward a settlement.
In JAMS' experience, such downsides can be greatly minimized by setting strict deadlines marking the early ends of the negotiation and mediation periods.
Rather, the legal effect of the clauses in question should be weighed by the parties in the specific context of whatever law is applicable.
Standard Arbitration Clauses Resolution Prior to Arbitration Arbitrator Qualifications Party-Appointed Arbitrators Confidentiality Governing Law Punitive Damages Limitation of Liability Fees and Costs to Prevailing Party Appeal Measures to Enhance Arbitration Efficiency - JAMS Optional Expedited Arbitration Procedures More Limited Efficiency-Enhancing Provisions JAMS has standard clauses separately providing for submission of domestic and international disputes to arbitration.
It is common for a contract clause to require that one or more of the arbitrators have certain specified qualifications.